Key Benefits:
Publics concerned: air traffic personnel.
Subject: Transposition of Directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on a community air traffic controller licence and enforcement measures of Commission Regulation (EC) No 2096/2005 of 20 December 2005 establishing common requirements for the provision of air navigation services.
Entry into force: immediate.
Notice: The Order extends to personnel under the Minister of Defence the requirement to hold an air traffic controller licence to control aircraft movements in general air traffic. In addition, this Order provides the Minister for Civil Aviation with jurisdiction to determine the applicable requirements for certain technical personnel of air navigation service providers who perform security-related operational tasks.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, and of the Minister of Defence,
Having regard to Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 concerning the provision of air navigation services in the European Single Sky;
Having regard to Commission Regulation (EC) No. 2096/2005 of 20 December 2005 establishing common requirements for the provision of air navigation services, including Article 8;
In light of Directive No. 2006/23/EC of the European Parliament and of the Council of 5 April 2006 concerning a community air traffic controller licence;
Considering the Civil Aviation Code, including articles L. 133-1 to L. 133-5 and R. 135-1 to R. 135-8;
Vu le Decree No. 2008-1299 of 11 December 2008 creating the Civil Aviation Security Directorate;
The State Council (section of public works) heard,
Decrete:
Article R. 135-1 of the Civil Aviation Code is supplemented by a paragraph as follows:
"The licensing requirement also applies to personnel under the Minister of Defence who provide air traffic control services for general air traffic movements. »
It is inserted after article R. 135-3 of the same code an article R. 135-3-1 as follows:
"Art. R. 135-3-1. - Aeronautical medical centres and examining physicians who issue, for air traffic controllers, after examination, the medical certificates required to render the air traffic control services must be approved. »
The second paragraph of section R. 135-8 is replaced by the following provisions:
"In the event of an incident, the qualification may be suspended by the authority that issued it, the time necessary to ensure safety and for a maximum period of two months.
"In the event of serious negligence, the qualification may be withdrawn by the authority that issued it. The decision to withdraw is made after the individual has been able to present his or her observations. However, in the event of an emergency, the decision to withdraw may be pronounced without formality. »
In Title III of Book I of the Civil Aviation Code (Part Two: Orders in the Council of State), Chapter V, it is inserted a section 3 as follows:
“Section 3
“Technical personnel of services
Air Navigation
"Art.R. 135-9.-Technical personnel of air navigation service providers, as defined in section 8 of Commission Regulation (EC) No 2096 / 2005 of 20 December 2005 establishing common requirements for the provision of air navigation services, must possess and maintain a level of knowledge giving them an adequate level of understanding of air traffic management services.
"Those who are responsible for carrying out safety-related operational tasks must meet the technical maintenance requirements set out in paragraph 3. 3 of Schedule II to Regulation (EC) No. 2096 / 2005 and the requirements for electric power and air conditioning, fixed by order of the Minister for Civil Aviation.
"Art.R. 135-10.-The provisions of this section apply in the Wallis and Futuna Islands, French Polynesia and New Caledonia. »
Until 1 November 2010, the fact, for the personnel mentioned in section 1 of the Act, of holding the military certificate or certificate of air traffic controller, as well as an authorization to render the control services to the benefit of the general air traffic issued in accordance with the procedures established by the air navigation service providers, is that a licence containing the qualifications and records of the civil service organization in validity status 135 is held.
Sections 1, 2, 3 and 5 apply in the Wallis and Futuna Islands, French Polynesia and New Caledonia.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of Interior, Overseas and Territorial Authorities, the Minister of Defence, the Minister to the Minister of Interior, Overseas and Territorial Communities, responsible for the Overseas, and the Secretary of State in charge of the Journal
Done in Paris, October 19, 2010.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Defence,
Hervé Morin
The Minister to the Minister of Interior,
the overseas and territorial authorities,
loaded with the overseas,
Marie-Luce Penchard
Secretary of State
Transport Officer
Dominic Bussereau
